The Practice of the Courts of King's Bench and Common Pleas in Personal Actions: To which are Added the Law and Practice of Extents, and the Rules of Court, and Modern Decisions in the Exchequer of Pleas, Volume 2 |
Common terms and phrases
action of debt affidavit afterwards amend Append arbitrator assigned assizes assumpsit award bail bankrupt Barnes bill Blac brought capias ad satisfaciendum Carth certify certiorari Chap Chit clerk common law Common Pleas costs court of Common court of King's crown damages debtor declaration default defendant in error defendant's delivered demurrer Durnf East ejectment elegit Eliz entered entitled error coram nobis evidence execution executor fieri facias Gilb given holden issue judge judgment jury King's Bench lands levied Marsh matter Maule & Sel ment motion nisi prius nolle prosequi nonsuit notice of trial party payment person plaintiff in error pleaded proceedings prothonotaries Raym recognizance record recovered replication roll Salk Saund scire facias sheriff shew statute sued taken Taunt term thereon tiel trespass venire verdict Wils writ of error
Popular passages
Page 865 - If the party who demurs, will admit the evidence, of the fact, the evidence of which fact is loose and indeterminate, or in the case of circumstantial evidence, if he will admit the existence of the fact, which the circumstances offered in evidence conduce to prove, there will then be no more variance in this parol evidence, than in a matter in writing, and the reasons for compelling the party who offers the evidence to join in demurrer, will then apply, and the doctrine of demurrers to evidence...
Page 992 - No goods or chattels whatsoever, lying or being in or upon any messuage, lands or tenements, which are or shall be leased for life or lives, term of years, at will or otherwise...
Page 940 - Parliament, if the jury upon the trial of the issue in such action, or the jury that shall inquire of the damages, do find or assess the damages under forty shillings, then the plaintiff or plaintiffs in such action shall have and recover only so much costs as the damages so given or assessed amount unto, without any further increase of the same; any law, statute, custom, or usage to the contrary in anywise notwithstanding.
Page 827 - Judge's order, or order of nisi prius, in any action now brought or which shall be hereafter brought, or by or in pursuance of any submission to reference containing an agreement that such submission shall be made a rule of any of his Majesty's Courts of record...
Page 827 - ... court; and a rule shall thereupon be made by the said court, that the parties shall submit to, and finally be concluded by, the arbitration or umpirage which shall be made concerning them, by the arbitrators or umpire pursuant to such submission...
Page 993 - ... arrears of rent do not amount to more than one year's rent; and, in case the said arrears shall exceed one year's rent, then the said party, at whose suit such execution...
Page 801 - ... unless the judge before whom the cause is tried shall, immediately after the verdict, certify under his hand, upon the back of the record, that the same was a cause proper to be tried by a special jury...
Page 910 - ... cause why damages in such action should not be assessed and recovered by him or them, and if such defendant, his executors or administrators shall appear at the return of such writ, and not...
Page 856 - ... that there is an action depending between him and the party; that he has taken money for his verdict ; that he has formerly been a juror in the same cause; that he is the party's master, servant...
Page 993 - ... pay to the landlord of the said premises or his bailiff, all such sum or sums of money as are or shall be due for rent for the said premises at the time of the taking of such goods or chattels by virtue of such execution: provided the said arrears of rent do not amount to more than one year's rent...